Owensboro & N. Ry. Co. v. Courts
Court of Appeals of Kentucky
Cash 23 — Action to Recover Compensation for Fencing APPEAL FROM LOGAN CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. The grounds upon which this court are asked to hold the judgment of the lower court erroneous, are three-fold: 1. The court erred in overruling appellant’s demurrer to the Petition. 2. The court erred in directing the jury to find for the plaintiff. 3. The court erred in refusing to direct the jury to find a verdict for the defendant.
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Cash 23 — Action to Recover Compensation for Fencing APPEAL FROM LOGAN CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. The grounds upon which this court are asked to hold the judgment of the lower court erroneous, are three-fold: 1. The court erred in overruling appellant’s demurrer to the Petition. 2. The court erred in directing the jury to find for the plaintiff. 3. The court erred in refusing to direct the jury to find a verdict for the defendant. CASES CITED. 4- Wash., 448; Seattle, &c., R. R. Co. v. Mur-phine, 39 Arlu, 167; sec. 17 Am. & Eng.Cas.,97; St. Louis, &c.R.Co. v.…
1Opinion of the Court
■Opinion of the court by
JUDGE BURNAM
Affirming.
The appellant is the successor of the Owensboro & Rus-sellville Railway Company, and is the owner of all the rights, franchises, and property which formerly belonged to its predecessor. Its line of railroad runs through a tract of 250 acres of land now owned by appellee, but which at the date of the construction of appellant’s line belonged to one Nathaniel Lee and wife, Sophia Lee. On the 17th day of December, 1871, Lee and wife conveyed to appellant’s vendors a strip of land sixty feet wide through the tract now owned by appellee, for the sum of…
2Cited by6 opinions
- Chesapeake & Ohio Railway Co. v. RobbinsCourt of Appeals of Kentucky · 1913
- Parrish v. Louisville & N. R. R.Court of Appeals of Kentucky · 1907
- Chesapeake & Ohio Railway v. BlankenshipCourt of Appeals of Kentucky · 1914
- Crawford v. Southern RailwayCourt of Appeals of Kentucky · 1913
- First Trust Co. v. County Board of EducationDistrict Court, E.D. Kentucky · 1933
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